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Lee Shorter v. Brian Fischer

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 2009
63 A.D.3d 1333 (N.Y. App. Div. 2009)

Opinion

No. 505544.

June 11, 2009.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Lee Shorter, Alden, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Spain, Kane, Malone Jr. and Stein, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a number of prison disciplinary rules. The Attorney General has advised that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. In view of this and since petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Rock v Fischer, 57 AD3d 1144, 1145; Matter of Deal v Rivera, 56 AD3d 834).

Adjudged that the petition is dismissed, as moot, without costs.


Summaries of

Lee Shorter v. Brian Fischer

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 2009
63 A.D.3d 1333 (N.Y. App. Div. 2009)
Case details for

Lee Shorter v. Brian Fischer

Case Details

Full title:In the Matter of LEE SHORTER, Petitioner, v. BRIAN FISCHER, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 11, 2009

Citations

63 A.D.3d 1333 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 4787
880 N.Y.S.2d 576

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The Attorney General has advised this Court that the determination has been administratively reversed and all…